Can the president dismiss a federal Attorney General?
Jun 20, 2020 · The president and attorney general can typically dismiss United States attorneys, but Mr. Berman was not ultimately appointed by the Trump administration — he was named by a panel of federal judges.
Why did the Department of Justice dismiss 7 US Attorneys?
In the federal government of the United States, the Attorney General is a member of the Cabinet and, as head of the Department of Justice, is the top law enforcement officer and lawyer for the government. The plural is “Attorneys General” or “Attorneys-General”. ... then the prosecution may have no choice but to dismiss the case ...
Why did the Bush administration dismiss so many US Attorneys?
Feb 19, 2015 · 43. Service Of Process. An action is commenced in a United States district court by the filing of a complaint. See Fed. R. Civ. P. 3. In an action involving a federal question or statute -- as opposed to diversity actions -- the filing of the complaint tolls the statute of limitations. See West v. Conrail, 481 U.S. 35 (1987).
Was the White House linked to the dismissal of a prosecutor?
A Guide to Protocol and Etiquette for Official Entertainment o Rewords social calls (chap 1). o Deletes general guidelines in introductions and adds the word "gender" (chap 1). o Rewords completely engraved invitations (chap 2). o Corrects to state that a printed invitation usually starts with the host of an event on the first line (chap 2).
How is Attorney General removed?
He can be removed by the President at any time. He can quit by submitting his resignation only to the President. Since he is appointed by the President on the advice of the Council of Ministers, conventionally he is removed when the council is dissolved or replaced.
Can a US attorney be removed?
The President of the United States has the authority to appoint U.S. Attorneys, with the consent of the United States Senate, and the President may remove U.S. Attorneys from office.
How long does the attorney general of the United States serve?
Under the state Constitution, the Attorney General is elected to a four-year term in the same statewide election as the Governor, Lieutenant Governor, Controller, Secretary of State, Treasurer, Superintendent of Public Instruction, and Insurance Commissioner.
Does the US attorney general report to the president?
The United States attorney general (AG) leads the United States Department of Justice, and is the chief lawyer of the federal government of the United States. The attorney general serves as the principal advisor to the president of the United States on all legal matters.
Do U.S. Attorneys have to be confirmed by the Senate?
Like these individuals, U.S. Attorneys are nominated by the president and confirmed by the Senate; like most federal judicial nominations, U.S. Attorneys are subject to the blue slip process in which home state senators of the president's party are able to recommend (or block) nominations to positions within their ...
Do U.S. Attorneys require Senate confirmation?
Appointment. The U.S. attorney is appointed by the President of the United States for a term of four years, with appointments subject to confirmation by the Senate.
Who is the highest law officer?
Advocate General of the State is the highest law officer in the state. The Constitution of India (Article 165) has provided for the office of the Advocate General for the states. Also, he corresponds to the Attorney General of India.
What does the US attorney general investigate?
The attorney general, in essence, runs a large law firm with broad scope that includes investigating drug traffickers, Medicaid fraud and prescription drug abuse.Apr 24, 2016
What is the purpose of the US attorney general?
The principal duties of the Attorney General are to: Represent the United States in legal matters. Supervise and direct the administration and operation of the offices, boards, divisions, and bureaus that comprise the Department.Oct 8, 2021
What power does the US attorney general have?
The Attorney General of the United States – appointed by the President and confirmed by the Senate – heads the DOJ with its more than 100,000 attorneys, special agents, and other staff. It represents the United States in federal criminal and civil litigation, and provides legal advice to the President and Cabinet.
Who was the attorney general under Trump?
Jeff SessionsOfficial portrait, 201784th United States Attorney GeneralIn office February 9, 2017 – November 7, 2018PresidentDonald Trump33 more rows
Who was the last attorney general of the United States?
List of U.S. attorneys generalAttorney GeneralYears of serviceMerrick Garland2021-PresentEric Holder2009-2015Michael B. Mukasey2007-2009Alberto R. Gonzales2005-200782 more rows
Issues in Brief
By tradition, all U.S. Attorneys are asked to resign at the start of a new administration. The new President may elect to keep or remove any U.S. Attorney. They are traditionally replaced collectively only at the start of a new White House administration. U.S. Attorneys hold a political office, in which the President nomin…
Fallout
- By April 2007, there was some speculation that the dismissal of the US attorneys might affect cases of public corruption and voter fraud. According to the National Law Journal, By mid-September 2007, nine senior staff of the Department of Justice associated with the controversy had resigned.The most prominent resignations include: 1. 1.1. Attorney General Alberto Gonzale…
Replacement of The U.S. Attorneys
- Initial planning
On January 6, 2005, Colin Newman, an assistant in the White House counsels office, wrote to David Leitch stating, "Karl Rovestopped by to ask you (roughly quoting) 'how we planned to proceed regarding U.S. Attorneys, whether we were going to allow all to stay, request resignation… - Implementation: The U.S. Attorney Removal List
In October 2006, George W. Bushtold Alberto Gonzales that he had received complaints that some of the U.S. Attorneys had not pursued certain voter-fraud investigations. The complaints came from Republican officials, who demanded fraud investigations into a number of Democratic cam…
Reactions and Congressional Investigation
- Initial reaction
The initial reaction was from the senators of the affected states. In a letter to Gonzales on January 9, 2007, Senators Feinstein (D, California) and Leahy (D, Vermont; Chair of the Committee) of the Senate Judiciary Committee expressed concern that the confirmation proces… - Contempt of Congress charges
On July 11, 2007, as Sara Taylor testified, George Manning, the attorney to former White House CounselHarriet Miers, announced that Miers intended to follow the request of the Bush Administration and not appear before the Committee the following day. Manning stated Miers "c…
Aftermath
- Subpoenas and lost emails
White House spokesman Scott Stanzel stated that some of the emails that had involved official correspondence relating to the firing of attorneys may have been lost because they were conducted on Republican party accounts and not stored properly. "Some official e-mails have po… - Appointment of U.S. Attorneys and the 2005 Patriot Act reauthorization
The President of the United States has the authority to appoint U.S. Attorneys, with the consent of the United States Senate, and the President may remove U.S. Attorneys from office. In the event of a vacancy, the United States Attorney General is authorized to appoint an interim U.S. Attorney. …
See Also
References and External Links
- Resignation letters and emails, and other related documents hosted by WSJ
- Taylor, Marissa; Margaret Talev (2007-06-18). "A Q&A for the U.S. Attorneys saga". McClatchy Washington Bureau. McClatchy Newspapers. Archived from the original on June 2, 2008. Retrieved 2007-06-20.
- The Washington Post in-depth coverage site on firings: "Special Reports: U.S. Attorney Firing…
- Resignation letters and emails, and other related documents hosted by WSJ
- Taylor, Marissa; Margaret Talev (2007-06-18). "A Q&A for the U.S. Attorneys saga". McClatchy Washington Bureau. McClatchy Newspapers. Archived from the original on June 2, 2008. Retrieved 2007-06-20.
- The Washington Post in-depth coverage site on firings: "Special Reports: U.S. Attorney Firings Investigation". The Washington Post. 2007-03-05. Retrieved 2010-05-01.
- Inside the U.S. Attorneys Emails: Major Players and Themes The Wall Street Journal(review of the most significant of the emails).
001 - Introduction
- During February and March 2007, Barry Bialek, Jon Marcus and Jack and Renee Beam filed separate, but substantially similar complaints with district courts in Colorado, Arizona and Northern Illinois, respectively, alleging that the Commission violated the Federal Election Campaign Act (the Act) by "tacitly cooperating and conspiring with" Attorney General Alberto Go…
010 - Investigations
020 - Declining Prosecution
021 - Armed Forces Enlistment as An Alternative to Federal Prosecution
- The United States Attorney, within his/her district, has plenary authority with regard to federal criminal matters. This authority is exercised under the supervision and direction of the Attorney General and his/her delegates. The statutory duty to prosecute for all offenses against the United States (28 U.S.C. § 547) carries with it the authority necessary to perform this duty. The USA is i…
022 - Pretrial Diversion as An Alternative to Federal Prosecution
- The United States Attorney, as the chief federal law enforcement officer in his district, is authorized to request the appropriate federal investigative agency to investigate alleged or suspected violations of federal law. The federal investigators operate under the hierarchical supervision of their bureau or agency and consequently are not ordinarily subject to direct super…
030 - Authorizing Prosecution
- The United States Attorney is authorized to decline prosecution in any case referred directly to him/her by an agency unless a statute provides otherwise. See JM 9-2.111. Whenever a case is closed without prosecution, the United States Attorney's files should reflect the action taken and the reason for it. [updated June 2018] [cited in JM 9-2.001]
031 - Dual and Successive Prosecution Policy
- Present regulations of the Armed Services prohibit the enlistment of an individual against whom criminal or juvenile charges are pending or against whom the charges have been dismissed to facilitate the individual's enlistment. This policy is based, in part, on the premise that the individual who enlists under such conditions is not properly motivated to become an effective member of t…
032 - Notification to The Criminal Division of Certain Prosecutions of Attorneys
- A United States Attorney may consider Pretrial Diversion as an alternative to federal criminal prosecution. Pretrial Diversion is addressed in JM 9-22.000.
040 - Dismissal of Complaints
- The United States Attorney is authorized to initiate prosecution by filing a complaint, requesting an indictment from the grand jury, and when permitted by law, by filing an information in any case which, in his or her judgment, warrants such action, other than those instances enumerated in JM 9-2.120. In arriving at a decision, the United States Attorney should consider the recommendatio…
041 - Cancellation of Unexecuted Arrest Warrants
- Statement of Policy: This policy establishes guidelines for the exercise of discretion by appropriate officers of the Department of Justice in determining whether to bring a federal prosecution bas...
- Types of Prosecution to which This Policy Applies: This policy applies only to charging decisions; it does not apply to pre-charge investigations. Yet, where a prior prosecution has b…
- Statement of Policy: This policy establishes guidelines for the exercise of discretion by appropriate officers of the Department of Justice in determining whether to bring a federal prosecution bas...
- Types of Prosecution to which This Policy Applies: This policy applies only to charging decisions; it does not apply to pre-charge investigations. Yet, where a prior prosecution has been brought ba...
- Stages of Prosecution at which Policy Applies: This policy applies whenever there has been a prior state or federal prosecution resulting in an acquittal, a conviction, including one resulting from...
- Substantive Prerequisites for Approval of a Prosecution Governed by this Policy. As previousl…
Popular Posts:
- 1. why is attorney general important
- 2. how to make a legal will without an attorney
- 3. why hire a personal injury attorney?
- 4. who activates a durable power of attorney?
- 5. how is a health care proxy different that a durable power of attorney?
- 6. why does district attorney fitzpatrick hate police chief fowler
- 7. who was chosen by hillary to be attorney general until she was found to have hired illegals.
- 8. what attorney prosecutes terrorists
- 9. what to look for when searching for a criminal defence attorney
- 10. what are the responsibilities of the nurse to the durable power of attorney